Mid-America Apartment Communities, Inc. v. Dennis Michael Philipson

Summary

The United States District Court for the Western District of Tennessee denies without prejudice Defendant Dennis Michael Philipson’s motion to reconsider an order concerning correction and settlement of the appellate record under Federal Rule of Appellate Procedure 10(e). The court concludes that Philipson’s pending appeal divested the district court of authority to reconsider the appealed order, while permitting him to refile if the Sixth Circuit determines that the order is not appealable.

Holdings

1. The filing of a notice of appeal divested the district court of control over the aspects of the case involved in the appeal, so the district court lacked authority to substantively reconsider the order being appealed.
2. The exception allowing a district court to take actions in aid of the appellate process did not authorize reconsideration because the requested action would alter the case and the record on appeal.
3. The court declined to apply the clearly nonappealable-order exception because, although it had serious doubts about appealability, there was not sufficient certainty to justify substantively ruling on reconsideration while the appeal was pending.

Questions Presented

1. Whether the district court had authority to reconsider an order that was the subject of a pending appeal.
2. Whether an exception permitting district-court actions in aid of an appeal or involving a clearly nonappealable order authorized the court to alter the record on appeal.
3. Whether the motion for reconsideration should be denied without prejudice pending the Sixth Circuit's determination of appealability.

Disposition

other